Medical Jurisprudence Commons^™

Admissibility Of Scientific Evidence Under Daubert: The Fatal Flaws Of ‘Falsifiability’ And ‘Falsification’, Barbara P. Billauer Esq

barbara p billauer esq

Abstract: The Daubert mantra demands that judges, acting as gatekeepers, prevent para, pseudo or ‘bad’ science from infiltrating the courtroom. To do so, the Judges must first determine what “science” is? And then, what ‘good science’ is? It is submitted that Daubert is seriously polluted with the notions of Karl Popper who sets ‘falsifiability’ and ‘falsification’ as the demarcation line for that determination. This inapt philosophy has intractably infected case law, leading to bad decisions immortalized as stare decisis. Among other problems, is the intolerance of Popper’s system for multiple causation, a key component of toxic- torts. Thus, the primary …

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

The Role Of Courts In The Debate On Assisted Suicide: A Communitarian Approach, 9 Notre Dame J.L. Ethics & Pub. Pol'y 367 (1995), Donald L. Beschle

Donald L. Beschle

No abstract provided.

Informed Consent: No Longer Just What The Doctor Ordered - The Contributions Of Medical Associations And Courts To A More Patient Friendly Doctrine, 15 Mich. St. U. J. Med. & L. 17 (2010), Marc Ginsberg

Marc D. Ginsberg

No abstract provided.

“Far From The Turbulent Space”: Considering The Adequacy Of Counsel In The Representation Of Individuals Accused Of Being Sexually Violent Predators, Michael L. Perlin, Heather Ellis Cucolo

Michael L Perlin

Abstract:

For the past thirty years, the US Supreme Court's standard of Strickland v. Washington has governed the question of adequacy of counsel in criminal trials. There, in a Sixth Amendment analysis, the Supreme Court acknowledged that simply having a lawyer assigned to a defendant was not constitutionally adequate, but that that lawyer must provide "effective assistance of counsel," effectiveness being defined, pallidly, as requiring simply that counsel's efforts be “reasonable” under the circumstances. The benchmark for judging an ineffectiveness claim is simply “whether counsel’s conduct so undermined the proper function of the adversarial process that the trial court cannot …

Professional Employee Or Supervisory Employee: Are Nurses Protected By The Nlra? An Analysis Of Nlrb V. Health Care & Retirement Corp., Barbara J. Fick

Barbara J. Fick

This article previews the Supreme Court case NLRB v. Health Care and Retirement Corp. of America, 511 U.S. 571 (1994). The National Labor Relations Act protects employees' right to unionize and their actions aimed at improving working conditions. The Act does not, however, protect supervisory employees on the premise that employers deserve the undivided loyalty of their agents. In this case, the Court is asked to decide if nurses who direct the work of aides and orderlies are employees protected from discharge in their efforts to improve working conditions, or are supervisors who can be fired for such conduct.

The Concept Of Person In The Law, Charles Baron

Charles H. Baron

The focus of the abortion debate in the United States tends to be on whether and at what stage a fetus is a person. I believe this tendency has been unfortunate and counterproductive. Instead of advancing dialogue between opposing sides, such a focus seems to have stunted it, leaving advocates in the sort of “I did not!” – “You did too!” impasse we remember from childhood. Also reminiscent of that childhood scene has been the vain attempt to break the impasse by appeal to a higher authority. Thus, the pro-choice forces hoped they had proved the pro-life forces “wrong” by …

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …

Empathy For Psychopaths: Using Fmri Brain Scans To Plea For Leniency In Death Penalty Cases, Kimberly D. Phillips

Kimberly D Phillips

William B. Patterson Memorial Lecture: As Health Care Reform Evolves, What Is Our Role?, Dean Hashimoto

Dean M. Hashimoto

Honorary lecture awarded in recognition of national expertise in occupational health

Chronic Pain Treatment: Massachusetts As A Case Study, Dean Hashimoto

Dean M. Hashimoto

A lecture given as part of a session entitled Dealing with Chronic Pain Under the New Guidelines.

Putting Guidelines Into Practice: The Case Of Partners Healthcare, Dean Hashimoto

Dean M. Hashimoto

A lecture given at the Harvard School of Public Health on the role of health promotion and wellness programs in workplaces.

Massachusetts Chronic Pain Guideline, Dean Hashimoto

Dean M. Hashimoto

A presentation on the new clinical pain treatment guideline in workers' compensation.

Clinical Management Of Chronic Pain And Narcotics, Dean Hashimoto

Dean M. Hashimoto

A lecture given at a conference on absence management in workplaces.

Chronic Pain Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

A lecture given on new chronic pain clinical guidelines in workers' compensation at the Workers' Compensation National Conference.

The Role Of Employer-Based Health Insurance In Health Care Reform, Dean Hashimoto

Dean M. Hashimoto

A BC Law Brown Bag presentation on employer health insurance.

Issues Of Chronic Pain Treatment And Narcotics: What Is The Massachusetts' Experience?, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Employment Law Issues And Biological Exposures, Dean Hashimoto

Dean M. Hashimoto

A lecture given on employment law issues related to biological laboratory exposures at the 3rd annual occupational health colloquium Preventing and Treating Biological Exposures.

Diversion Of Offenders With Mental Disorders: Mental Health Courts, Sarah Ryan, Darius Whelan

Darius Whelan

At present, if people with mental disorders appear before the criminal courts in Ireland, unless they are unfit for trial or not guilty by reason of insanity, the system governing their case will be the general one which applies to all criminal cases. In recent decades, a number of other common law jurisdictions have begun to set up mental health courts as a means of diverting some people with mental disorders from the criminal justice system and into more appropriate treatment. This article begins with a review of the background to mental health courts, focusing on the concept of diversion …

Indian Courts And Social Change: A Case Study Of The ‘Doctrine Of Informed Consent’ In Medical Law And Ethics, Dharmendra Chatur

Dharmendra Chatur

The doctrine of informed consent in medical law and ethics has a strong grounding in the principle of bodily autonomy and self-determination of human beings. This emphasis on the freedom of every individual to decide what is best for his/her body and health has led to several controversies in the area of medical law and ethics in India and abroad, especially in the United Kingdom. Being a legal and ethical doctrine, ‘informed consent’ has been discarded, accepted, modified and emulated by various judgments of courts. This paper will examine the ingenuity of courts in bringing about social change by upholding …

The Role Of The Work Context In Multiple Wellness Outcomes For Hospital Patient Care Workers, Dean Hashimoto, Glorian Sorensen, Anne Stoddard, Sonia Stoffel, Orfeu Buxton, Grace Sembajwe, Jack Dennerlien, Karen Hopcia

Dean M. Hashimoto

Objective: To examine the relationships among low back pain (LBP), inadequate physical activity, and sleep deficiency among patient care workers, and of these outcomes to work context.

Methods: A cross-sectional survey of patient care workers (N = 1572, response rate = 79%).

Results: A total of 53% reported LBP, 46%, inadequate physical activity, and 59%, sleep deficiency. Inadequate physical activity and sleep deficiency were associated (P = 0.02), but LBP was not significantly related to either. Increased risk of LBP was significantly related to job demands, harassment at work, decreased supervisor support, and job title. Inadequate physical activity was significantly …

Flu Shot Immunizations Of Health Care Workers: Data From The Past 10 Years, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

The Potential Impact Of Health Care Reform On Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Integrated Approaches To Improving The Health And Safety Of Health Care Workers, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

Interstate Variation In Use Of Narcotics, Dean M. Hashimoto, Dongchun Wang, Kathryn Mueller

Dean M. Hashimoto

No abstract provided.

Panelist, Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Use Of Evidence-Based Treatment Guidelines In Workers' Compensation, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Panelist, Justice Brennan: Liberal Champion, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.

Panelist, National Standards Of Care For Medical Malpractice Suits, Dean Hashimoto

Dean M. Hashimoto

No abstract provided.